Immigrant investors on an EB-5 Visa have a conditional green card. They
need to file
Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
with USCIS to remove the conditions on their green card. Once the petition
is approved, they will have permanent resident status in the United States.
Their spouse and unmarried children under the age of 21 will also become
permanent residents.

The EB-5 conditional resident investor needs to file the I-829 petition
within 90 days to the expiration date of the conditional resident status.
When the application is accepted for processing the conditional resident
status will be extended automatically for a year. USCIS will send a receipt
notice which can be used as proof of extended status.

If the petition is not filed within the 90 days before the status period
expires, the beneficiary can be compromising their eligibility for permanent
residency and may be put in
removal proceedings. However, if the delay was due to good cause or extenuating circumstances,
the application can be filed with a written explanation and a request
to USCIS to excuse the delayed filing.

There are certain requirements that the applicant has to meet when filing
Form I-829. They are mostly proof or evidence that need to be provided
to establish that they have met all the requirements of the
USCIS’ EB-5 program. Along with copy of the conditional resident card, the applicant has to
provide proof that they made a capital investment, established a commercial
enterprise that has been maintained throughout the time of conditional
residency, and that they had created the required number of jobs. Photocopies
of the conditional resident cards of the family members also need to be included.

Once the application has been accepted for processing, USCIS may request
the applicant to appear for biometrics and/or an interview or to provide
additional evidence or information if required. If biometrics are required,
USCIS will send the applicant a notice detailing the date, time and place
for the appointment.

There is a filing fee of $3,750 and a biometric fee of $85 for each person
included in the application, between the ages of 14 and 79.

It is advisable to have the I-829 petition prepared by an experienced immigration
attorney with expertise in handling anything related to EB-5 visas.

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Immigration law can be complicated and this article does not exhaust all
the circumstances surrounding petitioning for removal of conditions on
a green card. These issues can be extremely complex, and a single misstep
could potentially lead to a rejection of your application or other immigration
penalties. If you have any questions regarding this matter, please do
not hesitate to contact our office.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.